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International Narcotics
Control Strategy Report, 1999
Released by the Bureau for International Narcotics and Law Enforcement
Affairs,
U.S. Department of State Washington, DC, March 2000
JAMAICA
I. Summary
Jamaica is a major
transit point for South American cocaine en route to the U.S. as well
as the largest Caribbean producer and exporter of marijuana. During
1999, the Government of Jamaica (GOJ) made progress towards meeting
the goals and objectives of the 1988 UN Drug Convention. At regional
meetings, GOJ officials actively supported counternarcotics initiatives.
Bilateral counternarcotics cooperation is good and improving. In the
area of maritime law enforcement, Jamaican forces continued to participate
in combined operations under the Jamaica-U.S. bilateral maritime agreement.
In March 1999,
Jamaica took an important step in its effort to create an anti-money
laundering regime which meets international standards by amending the
1996 Money Laundering Act to require the reporting of suspicious transactions.
However, further amendment to the law is required to address the critical
issue of money laundering in relation to the proceeds of other serious
crime. The GOJ has stated that, as a first step, it has drafted amendments
to the money laundering act that will add fraud and firearms offenses
as predicate offenses. The GOJ is in the process of establishing a financial
analysis unit to identify money-laundering activities, but has not yet
provided staff for the unit. Jamaica's current asset forfeiture regime
does not permit the GOJ to take full advantage of the forfeiture mechanism
to augment the resources of its anti-drug agencies and deprive criminals
of the proceeds of their crime. Current Jamaican law requires the conviction
of a criminal drug defendant prior to commencing a forfeiture action.
In 1999, Parliament passed legislation permitting the GOJ to enter into
agreements with other governments to share assets confiscated from drug
traffickers and other criminals. The GOJ enacted a Precursor Chemicals
Act and has budgeted for implementation of chemical controls. The USG
has already provided training to Jamaican precursor chemical control
personnel. In late 1999, the GOJ introduced a bill in Parliament establishing
drug courts, which passed both houses and now awaits the signature of
the Governor General.
Transparency International
and other organizations have reported that corruption is viewed as a
grave problem in Jamaica; drug trafficking adds to the problem. The
GOJ's anti-corruption legislation, introduced in Parliament in 1998,
passed the House and Senate in different versions; a compromise bill
is currently being crafted by a joint select committee of Parliament.
The GOJ's position is that passage of the Anti-Corruption Act must occur
before it can ratify the Inter-American Convention Against Corruption,
which Jamaica signed in March 1996. The GOJ has a policy of investigating
credible reports of police corruption, including those related to drugs,
but more needs to be done to root out corruption in the public sector.
The GOJ extradited
four people to the U.S. in 1999; there are sixteen active pending extradition
requests. In 1999, the GOJ developed, with USG assistance, a special
fugitive apprehension team to target and apprehend fugitives from justice.
The team has thus far located three fugitives and provided information
for several U.S.-based investigations. The GOJ arrested 6,718 drug offenders
in 1999. Nevertheless, no major drug traffickers were arrested or convicted
during 1999 and continue to operate with apparent impunity. The GOJ
agreed in 1998 to develop a vetted special investigative unit to target
drug kingpins, but the unit is not yet in existence. While the GOJ has
stated its intention to enact wiretap legislation, the proposal for
such legislation is still under discussion in the Cabinet.
The GOJ met the
marijuana eradication goal of 800 hectares set out in the FY 98 Letter
of Agreement (LOA) with the USG. In addition, the GOJ agreed in the
LOA to pay a share of the marijuana eradication teams' salaries, currently
funded by the USG, beginning in June 2000. While the GOJ made some progress
in implementing the recommendations contained in a 1997 port security
assessment, security at Jamaica's ports remains a concern. The GOJ needs
to take steps to improve security at its ports, including implementation
of the remaining recommendations from the 1997 assessment. Additionally,
the GOJ should consider providing the means to admit evidence obtained
by ionscan technology in Jamaican courts. The GOJ has in place a national
drug control strategy that covers both supply and demand reduction;
the GOJ should add to its strategy specific goals and objectives and
measures of effectiveness. Jamaica is a party to the 1988 UN Drug Convention.
II. Status of
Country
Jamaica, the foremost
producer and exporter of marijuana in the Caribbean, is also a major
transit country for cocaine destined for the U.S. and other international
markets. Jamaica-based traffickers use couriers who board commercial
airlines attempting to smuggle cocaine that they have ingested or concealed
in their clothing or luggage. U.S. Customs reports that more than 63%
of all arrests at U.S. airports for cocaine possession involved flights
originating in Jamaica. Multi-ton shipments of marijuana leave Jamaican
ports for the U.S. in commercial cargo. Jamaica is not an offshore banking
center, and local criminals distrust Jamaican financial institutions.
Locally laundered money is used to acquire real assets, such as houses
or cars, rather than financial instruments. The USG and OAS/CICAD share
a growing concern over the vulnerability of Caribbean ports, including
those in Jamaica, to illegal diversion of precursor and essential chemicals.
In Jamaica, illicitly obtained isopropyl alcohol is used to distill
hash oil.
III. Country
Actions Against Drugs in 1999
Jamaica's counternarcotics
efforts have taken place against a backdrop of severe resource constraints
caused by a continuing recession; 1999 could be Jamaica's fourth straight
year of negative economic growth.
Policy Initiatives.
Parliament passed legislation in 1999 enabling the GOJ to enter
into agreements with other governments to share assets confiscated from
drug traffickers and other criminals, the proceeds from which can be
shared by the Ministries of National Security and Justice, Health, and
Education and Culture. In late 1999, the GOJ presented in Parliament
legislation to create drug courts, which passed both houses in December
and now awaits signature by the Governor General.
Accomplishments.
In September 1999, Jamaica signed a Letter of Agreement (LOA) with the
U.S. that supports projects designed to preclude the exploitation of
Jamaican territory by drug producers and traffickers and other international
criminals. In March 1999, the Jamaican Parliament passed amendments
to the 1996 Money Laundering Act which raised the threshold for mandatory
transaction reporting from $10,000 (equiv.) to $50,000 (equiv.) and
added mandatory reporting of suspicious transactions of any amount.
Further GOJ action is required, however, to bring its anti-money laundering
law in line with international standards, especially extending the law
to cover laundering of the proceeds of all serious crime. The GOJ has
stated that, as a first step, it has drafted amendments to its money
laundering law to add fraud and firearms offenses as predicate offenses.
Although the GOJ has taken steps to establish a financial analysis unit,
it has not yet provided staff for the unit. Jamaica's air and seaports
continue to be utilized by traffickers of illegal drugs. The Jamaica
Customs Service took some measures to improve security at Kingston's
seaport and international airport, including participating in USG-supported
training and acquiring some x-ray machines, which unfortunately cannot
scan the larger 500-pound barrels commonly used to import goods into
the country. In addition, the GOJ took action on some of the recommendations
contained in the 1997 port security assessment conducted by the USG
at Jamaican request. The Jamaican Coast Guard continued to participate
regularly in combined maritime interdiction operations with the U.S.
and, to augment its maritime resources, the GOJ purchased a former U.S.
Navy tugboat.
Asset Seizure.
Jamaica's current asset forfeiture regime does not permit the GOJ to
take full advantage of the forfeiture mechanism to augment the resources
of its anti-drug agencies and deprive criminals of the proceeds of their
crime. The 1994 Drug Offenses (Forfeiture of Proceeds) Act requires
a criminal drug-trafficking conviction as a prerequisite to the forfeiture
of assets associated with drug trafficking. Jamaica does not have a
civil forfeiture statute. During 1999, Jamaican authorities detained
20 vessels suspected of involvement in drug smuggling, two of which
were auctioned with the proceeds going to the Treasury.
Precursor Chemical
Control. Jamaica is not a source of precursor or essential chemicals
used in the production of illicit narcotics. A Precursor Chemicals Act
was enacted in December 1999. The GOJ has budgeted for implementation
of chemical controls, and the USG has already provided training to Jamaican
precursor chemical control personnel. (See also Chemical Chapter.)
Law Enforcement.
DEA reports that counternarcotics cooperation with the Jamaican
Constabulary Force (JCF) is very good and improving. During FY 99, joint
DEA/JCF investigations resulted in 194 arrests compared with 73 in FY
98. Drug-related arrests in 1999 numbered 6,718; however, none of those
was a major drug trafficker. DEA has been working closely with the JCF
to improve targeting of Jamaican drug kingpins and their organizations.
The GOJ agreed in 1998 to develop a vetted special investigative unit
to target drug kingpins, but the unit is not yet in existence. While
the GOJ has stated its intention to enact wiretap legislation, the proposal
for such legislation is still under discussion in the Cabinet. Both
the Jamaican Defense Force (JDF) and the JCF assign a high priority
to counternarcotics missions. This has resulted, with U.S. funding support,
in a continuous marijuana eradication effort and the elimination of
a number of hash oil processing labs. In addition to the cannabis manually
eradicated by JDF and JCF personnel, GOJ authorities in 1999 seized
and destroyed 56.2 metric tons of marijuana compared with (revised)
35.9 metric tons in 1998. In 1999, hash oil seizures totaled 371.5 kilograms;
hashish seizures totaled 61 kilograms; and cocaine seizures totaled
2,455.3 kilograms, 1,066 kilograms of which were seized as the result
of an interdiction in international waters by the U.S. Coast Guard of
a Jamaican-registered go-fast boat.
Corruption.
The GOJ does not encourage or facilitate the illicit production or distribution
of narcotic or psychotropic drugs or other controlled substances, or
the laundering of proceeds from illegal drug transactions. The GOJ has
not prosecuted any senior Jamaican government official for facilitating
the illicit production or distribution of such drugs or substances,
or the laundering of proceeds from illegal drug transactions. As a matter
of policy, the GOJ prosecutes individuals who by reliable evidence are
linked to drug-related activity. The GOJ presented an anti-corruption
bill in Parliament in 1998 that requires financial disclosures from
senior civil servants and elected officials. In 1999, the House and
Senate passed different versions of the legislation; a joint selected
committee of Parliament is currently crafting a compromise bill. Upon
enactment of its anti-corruption bill, the GOJ has said it will ratify
the Inter-American Convention Against Corruption.
The GOJ likewise
has a policy of investigating credible reports of police corruption,
including those related to drugs, but more needs to be done to root
out corruption in the public sector. During 1999, 32 police officers
were arrested for criminal violations, seven of whom were charged with
drug-related offenses. In 1998, 63 police officers were arrested for
criminal offenses. In September 1999, the police commissioner transferred
the entire 91-member special anti-crime task force because of allegations
that some members were involved in unprofessional and possibly criminal
conduct. With respect to drug use policies, the JCF instituted a program
of random drug testing for police officers in 1998, and the Jamaica
Defense Force (JDF) has a "zero tolerance" policy on drug
involvement by its members.
Agreements and
Treaties. Jamaica has a mutual legal assistance treaty (MLAT) and
an extradition treaty with the U.S. Both countries utilize the MLAT
in combating illegal narcotics trafficking and other crimes. Jamaica
is also a party to the MLAT among the Commonwealth states. During 1999,
four persons were extradited to the U.S., compared to three by extradition
and one under a waiver of extradition in 1998. The GOJ and USG consulted
on the list of pending extradition requests and removed from it all
non-active cases, leaving 16 active pending requests; three of these
criminals are currently in custody. Jamaican authorities are generally
receptive to and cooperative with U.S. requests for extradition. Extended
delays result from the numerous appeals available to Jamaican criminal
defendants. Combined with an overburdened court system, this means that
contested extradition requests can take from four to five years (and
possibly longer) to fully litigate. With the creation of the GOJ's fugitive
apprehension team, the number of fugitive apprehensions should increase.
The team has been successful in locating three fugitives in addition
to providing information for several U.S.-based investigations. The
USG is supporting the team with operational assistance and training.
A U.S.-Jamaica maritime counternarcotics cooperation agreement came
into force in February 1998.
Illicit Cultivation/Production.
Jamaica is the largest Caribbean producer and exporter of marijuana.
The consumption of marijuana is illegal in Jamaica, and the GOJ has
consistently rejected calls for its legalization. In 1999, however,
the upper house of Parliament established a commission to review the
"decriminalization" of personal usage of marijuana, and the
ruling People's National Party, despite the plea of the Minister of
National Security and Justice, adopted a resolution unanimously calling
for a commission to investigate the legalization of personal usage of
small amounts of marijuana.
There is no accurate
estimate of the amount of marijuana under cultivation or on the number
of harvests per year. Crops are usually concealed in swamps and other
remote areas that have limited road access. At Jamaica's request, the
USG continues to provide assistance in conducting an aerial survey to
target more precisely areas under cannabis cultivation. To date, the
USG has been unable to complete its analysis of the survey results.
The JDF and JCF continued to cooperate on U.S.-funded marijuana eradication
operations utilizing their limited resources. In November 1999, the
marijuana eradication program was placed under JDF management and, in
the FY 99 Letter of Agreement (LOA) with the USG, the GOJ agreed to
begin paying half of the marijuana cutter teams' salaries, which the
USG currently funds, beginning June 2000 and their full salaries beginning
June 2001. The FY 98 LOA set a tentative cannabis eradication goal of
800 hectares (2000 acres), which the GOJ met in 1999. Eradication data
are analyzed and compiled in each parish (district) by the JDF and JCF
field officers into a monthly report. As a matter of policy, Jamaica
does not use herbicide to eradicate cannabis. Manual cutting is the
method utilized.
Demand Reduction.
Jamaica has several active demand reduction projects in place. The
UNDCP is active in Jamaica and works directly with the GOJ and non-governmental
organizations (NGOs) to improve demand reduction efforts. The European
Union has agreed to fund a large three-year demand reduction project
beginning in December 1999. Two of the most highly visible projects
are those of the National Council on Drug Abuse (NCDA) and the NGO Addiction
Alert. The UNDCP has funded an integrated demand reduction program managed
by the NCDA. In 1999, Addiction Alert received U.S. funding for its
adolescent drug prevention program. The GOJ makes extensive use of the
audiovisual, print media and other materials produced by U.S. Military
Information Support Teams (MIST) deployed in country. The MIST teams
have worked closely with national demand reduction agencies to develop
and distribute materials reinforcing an anti-drug message.
IV. U.S. Policy
Initiatives and Programs
Bilateral Cooperation.
The GOJ publicly states its commitment to combating illegal drugs.
Jamaica, however, operates under severe resource constraints, with half
of its national budget going for debt servicing alone. The USG has provided
funding for GOJ counternarcotics efforts continuously since 1987 and
has provided more counternarcotics assistance to Jamaica than to any
other Caribbean country. Despite limited resources, 1999 saw some improvement
in GOJ counternarcotics activity, including Jamaican Coast Guard participation
in U.S./Jamaican maritime interdiction operations under the bilateral
maritime counternarcotics agreement, and commitments made by the GOJ
in the LOAs with the USG. In addition, the GOJ spends substantial amounts
to maintain an interdiction capability consisting of helicopters and
patrol vessels. In 1999, the USG refurbished several boats for the JDF
Coast Guard and is providing in FY 2000 two 82' cutters to augment the
GOJ's maritime resources. The USG also provided the JCF narcotics division
with three mobile homes to be used as temporary office space at strategic
points around the island. The JCF in 1999 formed a fugitive apprehension
team that will, inter alia, locate fugitives wanted for extradition
to the U.S. The GOJ continued to fund the operating expenses for the
Caribbean Regional Drug Law Enforcement Training Center following the
expiration of UNDCP funding in 1998. The training center, built with
U.S. funds under a UNDCP project, has provided specialized training
for hundreds of regional law enforcement officers since its inception
in 1996. At the police operational level, Jamaican cooperation with
DEA and FBI remained positive. Nevertheless, the GOJ has experienced
difficulties in making cases against major drug traffickers, and Jamaican
borders continue to be vulnerable to traffickers moving contraband,
especially drugs and firearms.
In June 1999, a
U.S. Customs team conducted an assessment of the effectiveness of the
Jamaica Customs Contraband Enforcement Team (CET) at the Port of Kingston,
following which six Jamaican Customs CET officers traveled in July to
Port Everglades, Florida, to observe U.S. Customs CET operations. In
October, U.S. Customs conducted an INL-funded Airport Narcotics Interdiction
Course and Train-the-Trainer Workshop in Jamaica for 45 customs, police,
immigration, and port security officials, presented an INL-funded Air
Carrier Initiative Seminar to 70 airline security officers, and conducted
eight site surveys of airline facilities at the Kingston and Montego
Bay airports.
Road Ahead.
The general challenge for any Caribbean state is to avoid becoming a
"weak link" in the fight against transnational organized crime.
Jamaica has taken some steps to protect itself against drug trafficking
and other types of organized crime, but the GOJ needs to act aggressively
if it is to achieve the goal of a fully integrated and coordinated institutional
structure capable of investigating and prosecuting cases against major
drug and crime figures. While the GOJ has a national drug strategy covering
both supply and demand reduction, the GOJ should add specific goals
and measures of effectiveness to its plan. The GOJ also needs to strengthen
its money laundering and asset forfeiture laws and enact legislation
that will permit law enforcement to utilize modern crime control tools
such as wiretaps in building cases against organized crime. The GOJ
should take steps to produce a more secure passport and strengthen its
emigration controls in an effort to inhibit the free movement of drug
traffickers and other criminals. Upon passage and implementation of
its Anti-Corruption Act, the GOJ should proceed to ratify the Inter-American
Convention Against Corruption. Additionally, the GOJ should consider
providing the means to admit evidence obtained by ionscan technology
in Jamaican courts. The USG will seek ways to assist the GOJ to improve
its drug interdiction and marijuana eradication capabilities in an effort
to make further progress against drug trafficking. The USG will continue
to provide training and to work closely with the police and public prosecutors
to enhance their abilities to investigate, successfully prosecute, and
forfeit the assets of major drug traffickers operating in Jamaica.
Jamaica Statistics
(1991-1999)
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1999
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1998
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1997
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1996
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1995
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1994
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1993
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1992
|
1991
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Cannabis
|
|
|
|
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|
|
|
|
|
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Potential Harvest (ha)
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unk
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unk
|
317
|
527
|
305
|
308
|
744
|
389
|
950
|
|
Eradication(1) (ha)
|
894
|
705
|
743
|
473
|
695
|
692
|
456
|
811
|
833
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|
Cultivation (ha)
|
unk
|
unk
|
1,060
|
1,000
|
1,000
|
1,000
|
1,200
|
1,200
|
1,783
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|
Potential Yield(2) (mt)
|
unk
|
unk
|
214
|
356
|
206
|
208
|
502
|
263
|
641
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|
Seizures
|
|
|
|
|
|
|
|
|
|
|
Cocaine(3) (mt)
|
2.460
|
1.160
|
0.414
|
0.236
|
0.571
|
0.179
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0.160
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0.49
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0.06
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Cannabis (mt)
|
56.22
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35.91
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24.00
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52.99
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37.20
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46.00
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75.00
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35.00
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43.00
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Hashish Oil (kg)
|
371.49
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144.05
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383.00
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263.41
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278.00
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47.00
|
235.00
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165.00
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171.00
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Heroin (mt)
|
0.000
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0.000
|
0.001
|
0.001
|
-
|
0.001
|
0.001
|
0.002
|
-
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|
Hashish (mt)
|
0.061
|
0.041
|
0.068
|
-
|
-
|
-
|
-
|
-
|
-
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Labs Destroyed
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|
|
|
|
|
|
|
|
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Hashish Oil
|
1
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|
|
|
|
|
|
|
|
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Arrests
|
|
|
|
|
|
|
|
|
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Nationals
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6,385
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7,093
|
3,143
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2,996
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3,325
|
788
|
899
|
785
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4,353
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Foreigners
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333
|
259
|
221
|
267
|
380
|
98
|
517
|
364
|
674
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Total Arrests
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6,718
|
7,352
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3,364
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3,263
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3,705
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886
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1,416
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1,149
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5,027
|
(1)Figures revised
according to information received from Jamaican authorities.
(2)Yield is based on an estimate of 675 kilograms per hectare.
(3)A seizure of 1,066 kilograms of HCl in 1999 was a result of USCG
interdiction of a Jamaican-registered vessel.
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